CBP Now Requires Face Scans for All Noncitizens at US Borders
Every time a noncitizen crosses a US border — arriving or leaving — CBP can now take their photo and run it through a facial recognition system. This is no longer a pilot program. It is now a final federal rule. If you hold a green card, a work visa, or any other immigration status, this affects your next international trip.

What the new rule means for you
U.S. Customs and Border Protection (CBP) has finalized a rule that requires all noncitizens — including green card holders, visa holders, and people on work permits (EAD) — to submit a facial scan when entering or leaving the United States. The scan uses facial recognition technology (a computer system that matches your face to your passport or visa photo) to confirm your identity. This applies at airports, seaports, and land border crossings where CBP has the technology in place.
CBP says the system compares your live photo to the image stored in your travel document — your passport, visa, or lawful permanent resident card. The agency says this is faster and more accurate than a human officer checking your face against a paper document. If the system cannot capture your photo due to a technical failure, a CBP officer will use a manual process instead. A missing scan caused by a technology failure does not count as a violation.
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U.S. citizens and U.S. nationals can opt out of the facial scan. Noncitizens generally cannot. Some groups are still exempt from providing other types of biometrics (like fingerprints), including Canadian citizens who do not need a visa or Form I-94, children under 14, adults over 79, and travelers on certain diplomatic visas such as A-1, A-2, G-1 through G-4, and NATO visas. However, CBP may still collect facial images from these groups. Your photo data is stored in a federal biometric database managed by the DHS Office of Biometric Identity Management. CBP says photos of U.S. citizens are deleted after their flight, but noncitizen photos may be kept longer under existing federal privacy rules.
What to do
- If you are a noncitizen traveling internationally — including green card holders — expect a facial scan at the airport or border. You are required to comply when CBP asks.
- If the scanner fails or your photo does not match, stay calm. A CBP officer will handle your case manually. This is not automatically a problem with your immigration status.
- If you are on a work visa (such as H-1B), a work permit (EAD), or in removal proceedings, carry all your immigration documents when you travel. A biometric mismatch may trigger additional questions.
- If you have concerns about how your biometric data is stored or used, lawyers recommend reviewing the DHS privacy notices or consulting an immigration attorney before your next international trip.

Fishkin Law Firm, New York
Noncitizens cannot legally refuse a CBP facial scan under this final rule — refusal could be treated as non-compliance and may complicate your entry or exit. If a biometric mismatch occurs, you have the right to speak with a CBP officer and present your travel documents; do not sign anything you do not understand. Anyone with a pending green card application, asylum case, or removal proceeding should speak with an immigration attorney before traveling internationally, as departure can have serious legal consequences for your case.